COLO. R. W. CON. DIST. v. COLO. R. W. CON. BD.

No. 28407.

594 P.2d 570 (1979)

COLORADO RIVER WATER CONSERVATION DISTRICT and Southwestern Colorado Water Conservation District, Objectors-Appellants v. The COLORADO WATER CONSERVATION BOARD, Applicant-Appellee, Lee R. Enewold, Water Division Engineer, Division 5, Appellee, and The City of Aspen, Colorado, and the Board of County Commissioners of the County of Pitkin, Colorado, Third Party Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 21, 1979.


Attorney(s) appearing for the Case

Delaney & Balcomb, Kenneth Balcomb, Scott Balcomb, Glenwood Springs, for objectors-appellants Colorado River Water Conservation Dist.

Maynes, Bradford & Duncan, Frank E. Maynes, Durango, for objectors-appellants Southwestern Colo. Water Conservation Dist.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David W. Robbins, Special Asst. Atty. Gen., Denver, for applicant-appellee The Colorado Water Conservation Bd.

Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., Boulder, Loyal E. Leavenworth, Boulder, John D. Musick, Jr., Boulder, for third party appellees, The City of Aspen, Colo. and The Bd. of County Com'rs of the County of Pitkin.

Ruth M. Wright, Boulder, for amicus curiae, League of Women Voters of Colo., Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., Boulder, Alan E. Schwartz, Boulder, for amici curiae, Colo. Open Space Council, Colo. Wildlife Federation, Nat'l Wildlife Federation, Colo. Council of Trout Unlimited, Colo. Audubon Council, Crystal Valley Environmental Protection Ass'n.


GROVES, Justice.

This case involves three applications by the Colorado Water Conservation Board (Colorado Water Board) for minimum stream flow rights under an act commonly referred to as Senate Bill 97,1 enacted by the General Assembly in 1973.2 The Colorado River Water Conservation District and the Southwestern Water Conservation District (the Districts) objected. The water judge entered decrees as requested...

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